When you decide to do business in Slovakia, very often you will need a location from where to run your business.  Whether that’s being an office space, a factory or a warehouse, you have the choice between renting or building.

For those who decide for building their own location, we have prepared a series of articles whereby we explain to you the process that you will have to go through, starting with the Territorial proceeding, all the way till the final Building approval.  Indeed, having assisted already several clients in this area, VGD Slovakia has the necessary expertise and practical know-how to help you navigate these complex proceeding, making sure that you will be able to start using your premises without unnecessary delays.

In this first article we have a closer look at the start of the entire process: how to obtain the territorial decision.

1. Applicable laws

The legal regulation of territorial proceeding is regulated by the Act no. 50/1976 Coll. on territorial planning and building order (hereinafter as the “Building Act") and in the public notice of the the Ministry of the Environment of the Slovak republic No. 453/2000 Coll., which implements certain provisions of the Building Act (hereinafter as the “notice").

2. Definition of a territorial proceeding

Territorial proceeding is a proceeding related to the location of a building, by which (i) building land is determined, (ii) building is placed on this land and (iii) conditions for placing of a building are defined. The result of the territorial proceeding is a lawful territorial decision (decision about the location of a building).

The territorial decision is issued by the corresponding building authority on the basis of a proposal for issuing of the territorial decision.

As a rule, the territorial procedure itself is required for constructions that are not simple constructions under the Building Act.

The building authority may merge the territorial proceedings and the building proceedings into one joint action (§ 39a, par. 4 of the Building Act) only in case of:

1. simple construction
2. small building
3. other constructions provided that the conditions for the location of the construction result from the territorial plan of the zone

Participants in the zoning proceedings are the investor, the building authority, the municipality (if it is not the building authority at the same time), the designer who elaborated the project documentation and the owners of neighbouring properties.

After the investor acquires the land, he should start with elaboration of the documentation necessary for issuing the territorial decision.

3. Steps to be taken

The first step – the investor shall elaborate necessary project documentation for the construction and for roads and parking lots within the area – it is necessary to find and architect and let him/her elaborate the project documentation. According to our experience and previously realized development projects and according to the complexity of the development project, the elaboration of this project documentation can take several weeks to months.

The second step – after elaborating the project documentation, the investor is obliged to provide opinions of the concerned bodies and organizations that may lodge objections in the process of territorial proceedings. The application for an opinion shall be accompanied by the project documentation. Each authority concerned shall issue the requested opinion within 30 days of the date of receipt of the request.

Generally, the concerned authorities are identified in § 126, par. 1 of the Building Act. In practice, opinions from the following authorities are mainly required:

1. corresponding  Regional Monuments Bureau
2. mobile operators
3. distribution companies
4. corresponding District Directorate of Fire and Rescue Corps, District Traffic Inspectorate,
5. corresponding District Office, Department of road traffic and roads
6. corresponding District Office, Department of environment care
7. corresponding District Office, Territorial and Forest Department
8. corresponding road manager

The third step – upon receipt of all opinions from the affected authorities, the investor shall ask the competent building authority to issue the territorial decision. The application shall be accompanied by all opinions of the authorities concerned and the project documentation. Depending on the complexity of the project and the possible conditions set out in the opinions of the authorities concerned, the territorial proceeding will be initiated and the building authority will usually issue a territorial decision within 30 days. The territorial decision shall be delivered to all the parties of the proceedings and to all the authorities concerned.

Any participant in the territorial proceeding may appeal against the territorial decision within 15 days from the date decision delivery. If no one makes an appeal, the territorial decision will become final. We know from practice that this phase may take one to two months in case of no appeal.

If one of the participants submits an appeal, the corresponding district office decides about such appeal, and in such case the whole process will be extended by several months.

We hope that we have informed you with this first article so that your process will go smooth.  In case of any further questions, or requirement of assistance, please don’t hesitate to contact our experts.